Andrea C. Beck
John Greim and Bombay Woods Maintenance Corp.
Thomas McNelis, Esquire.
Ms. Beck and Counsel:
22, 2016,  Vice-Chancellor Montgomery-Reeves issued a
Letter Opinion and Order addressing Plaintiff Andrea
Beck's exceptions to my Final Report dated February 22,
2016. The Vice-Chancellor denied in part and
granted in part Beck's exceptions. Specifically, the
Vice-Chancellor agreed with my conclusion that Beck's
purported corporate mismanagement or misconduct claims
against Defendant John A. Greim and anyone else on behalf of
Defendant Bombay Woods Maintenance Corporation (hereinafter
"Bombay Woods") are derivative claims and that Beck
must be represented by counsel to pursue them. The
Vice-Chancellor also agreed with my conclusion that
Beck's claims of harassment and threatening behavior by
Greim fell outside the subject matter jurisdiction of this
Court. However, to the extent that Beck is challenging her
removal as director and treasurer from the Board of Directors
of Bombay Woods, the Vice-Chancellor disagreed with my
recommendation and ruled instead that Beck may proceed
pro se in pursuing an action under 8 Del.
C. § 225. The Vice-Chancellor then remanded for my
initial determination the issue of whether Beck's claims
regarding the alleged failure by Greim to maintain the
community's common interest areas are derivative claims
or whether these claims may be pursued by Beck pro
se under 10 Del. C. § 348.
October 10, 2016,  I issued a draft report following the
Vice-Chancellor's remand order. In the draft report, I
concluded that Beck's complaint does not set forth a
valid Section 348 claim because she is not seeking
enforcement of the subdivision's deed restrictions.
Instead, Beck's complaint recites Greim's alleged
failure to enforce the architectural review process and to
maintain the common interest areas as further examples of
Greim's misconduct and mismanagement of the corporation.
Therefore, I concluded that these allegations were also
has taken exception to my draft report. Her opening and reply
briefs, however, are mostly incomprehensible. They do not
contain legal argument, but instead are couched in the form
of numerous questions to the Court. They are also replete with
irrelevant information. Nothing in Beck's briefs
persuades me to alter my previous conclusions and
recommendations. As recited in Beck's prayer for relief,
Beck is seeking an order:
a. Awarding Petitioners' cost and immediate recovery of
this hearing filing fees and expenses of $400.00, plus
b. Resolve-Reimbursement of the loss of 2013 and 2014 Bombay
Woods Maintenance Corporation's forecasted annual dues in
the amount of $42, 636. Due to failure to collect funds (so
voted and approved budgets by the members of the corporation)
and due to unauthorized possession and disbursement of
c. Further recognition: Out of the $42, 636., 33% of
delinquent dues at 18% annually ($14, 069.88 x 18%) totaling
$2532.57, and monthly interest (non-compounding interest) of
10% ($1, 406.98 for 12 months), totaling $16, 883.86 with a
final total of $62052.44, as so delegated by the deed
restrictions. (Exhibit 17) Restrictions: Page 7 paragraph C)
d. Court filing fees; March 3, 2014, in the amount of $40.,
with an additional time lost of 2 hours at $45 per hour
totaling $90. August 19, 2014. $15.00.
e. Out of pocket expenses unpaid by corporation of $166.75,
(postage, certified mail and office supplies per letter
dated, March 7, 2014, (Exhibit 21).
f. The cost of printing Community letter dated June 21, 2014,
(2 sided, 153 count. $97.28, (Exhibit 22).
g. All legal fees incurred by Respondent and Respondent's
Appointees, (excluding Corporation's members). Per
Restriction document "if acted in good faith". Mr.
Greim repeatedly was made aware of Delaware Laws and given
numerous opportunities to correct the situation but chose to
ignore. The Appointees had a responsibility to guide Mr.
Greim to obey laws and the corporation's mandating
documents. (Exhibit 17) Restrictions: Page 3, Item 5,
h. All above items to be paid by Respondent and Appointees
excluding the ...